Can multiple protests be submitted by different people representing the same real party in interest?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
While multiple protests can be submitted, they cannot be used to circumvent the requirements for subsequent protests by the same real party in interest. The MPEP 1901.01 clearly states:
“The requirements of 37 CFR 1.291(c)(5) cannot be avoided by multiple protests submitted by different people representing the same real party in interest.”
This means that if a real party in interest has already submitted a protest, any subsequent protests, even if submitted by different representatives, must comply with the additional requirements specified in 37 CFR 1.291(c)(5). This rule ensures that the protest process is not abused and that subsequent protests provide substantial new information.